Madras High Court
Myoung Shin India Automotive Private ... vs The Inspector Of Police on 27 April, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.3186 of 2018
and W.M.P.Nos.3898 and 3899 of 2018
Myoung Shin India Automotive Private Limited,
Represented by its Managing Director
Mr.Yong Soo Shin ...Petitioner
-Vs-
1.The Inspector of Police,
C-1, Sriperumbudur Police Station,
Sriperumbudur, Kancheepuram District.
2. General Workers Union (Affiliated to CITU)
Regn.No.504/CPT
Office:No.77, 2nd Floor, AJ Complex,
Bangalore Highway, near Pandian Hospital,
Sriperumbudur-602 105. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, for
issuance of Writ of Mandamus directing the 1st respondent to take
appropriate steps or action based on the complaint lodged by the petitioner
on 09.02.2018 by granting adequate and effective police protection to
ensure that the second respondent, their members, any workmen, servants,
blockage, gherao, shouting slogans, putting up loud speakers, pasting any
banners, or cause hindrance in the egress and ingress of the willing workers,
staff, managerial personnel and vehicles material or goods of the
petitioner, within a radius of 500 meters at its working place at No.496/2,
Mannur Village, Valarpuram Post, Sriperumbudur Taluk, Kancheepuram
http://www.judis.nic.inDistrict.
2
For Petitioner : Mr.Babu Barveeze
For Respondent-1 : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
For Respondent-2 : No Appearance
-----
ORDER
This writ petition has been filed by the petitioner seeking for a direction directing the first respondent to take appropriate steps or action based on the complaint lodged by the petitioner on 09.02.2018 by granting adequate and effective police protection to ensure that the second respondent, their members, any workmen, servants, blockage, gherao, shouting slogans, putting up loud speakers, pasting any banners, or cause hindrance in the egress and ingress of the willing workers, staff, managerial personnel and vehicles material or goods of the petitioner, within a radius of 500 meters at its working place at No.496/2, Mannur Village, Valarpuram Post, Sriperumbudur Taluk, Kancheepuram District.
2.The case of the petitioner is that the petitioner is a Company i.e., M/s.Myoung Shin India Automotive Private Limited. The petitioner company manufacturers auto body parts especially, car doors, hood, centre pillar, combi lamp assembly and rear floor. The petitioner herein had an association called "7 Star Workers Committee" representing the technicians of the company who has always had a cordial relationship with the http://www.judis.nic.inmanagement. In the meanwhile, the technicians of the petitioner 3 management formed a new union, the General workers Union raised further demands again with respect to wage increase since bonus issue was settled and disbursed. This dispute was once again taken before the Assistant Commissioner of Labour on 20.11.2017 and the same is also numbered as A/1000/2017 and pending. The second respondent Union by its letter dated 05.02.2018 issued another letter to the petitioner herein raising 6 charter of demands. They proceeded to state that for the above said demands the Union will go on strike on 19.02.2018 or any other working day thereafter and resort to indefinite strike. The union is also planning to obstruct the ingress and egress of the materials and workers relating and required for the purpose of the business of the petitioner company by staging dharna and shouting slogans, holding gherao and blockage in front of the in gate and out gate which open out in two different roads of the petitioner premises. The petitioner company is situated in a small lane (500 mts) which branches of from Thandanam-Arakkonam Road, Therefore, the petitioner lodged a police complaint on 09.02.2018 and thereafter, the police had taken the complaint and given a CSR.No.77 of 2018. The demand of the 2nd respondent Union dated 05.02.2018 has been taken on file by the ACL in dispute number Na.Ka.No.A/54/2018, dated 07.02.2018 and the ACL has called for conciliation meeting on 15.02.2018. In view of the above, it is highly unwarranted for the second respondent to proceed on strike and hence, the petitioner company having no other alternative and efficacious http://www.judis.nic.in 4 remedy, approached this Court invoking the writ jurisdiction seeking this Court to issue a Writ of Mandamus.
3. The learned counsel appearing for the petitioner would submit that the issue involved in this petition is covered by the earlier Judgments of this Court. The learned counsel brought to the notice of this Court the order passed by this Court in Crl.O.P.No.16618 of 2018, wherein the very same petitioner was a party.
4. It will be appropriate to extract the relevant portions of the order in Crl.O.P.No.16618 of 2018, which is extracted hereunder:-
“2.The learned counsel for the petitioner would submit that the petitioner's company viz., M/s.Myoung Shin India Automobiles Private Limited, a company registered under the provisions of Indian Companies Act, 1956. It is further submitted by the learned counsel for the petitioner that whenever the petitioner's company attempted to increase bonus. The learned counsel for the petitioner also submitted that by order dated 05.03.2015, the Honourable First Bench of this Court, in W.P.Nos.24976 of 2008 and etc., batch, held that because of the advancement in the science, no one has prevented to erect cell phone towers. It is also submitted that the petitioner has given a complaint dated 24.02.2016 to the first respondent http://www.judis.nic.in police seeking police protection, for which C.S.R.No.42 5 of 2016 and since the same has not been considered so far, he has come up with the present petition for the relief stated supra.
3.Heard the learned Additional Public Prosecutor appearing for the respondent.
4.Considering the facts and circumstances of the case, the petitioner is directed to send a fresh representation to the respondent and on receipt of the same, the respondent is directed to consider the representation to be submitted by the petitioner and pass appropriate orders on merits and in accordance with law, within a period of one week from the date of receipt of copy of this order
5.With the above directions, this writ Petition is disposed of.”
5. For the reasons stated above, there shall be a direction to the respondents police to provide police protection to the petitioner for the first respondent to take appropriate steps or action based on the complaint lodged by the petitioner on 09.02.2018 by granting adequate and effective police protection to ensure that the second respondent, their members, any workmen, servants, blockage, gherao, shouting slogans, putting up loud speakers, pasting any banners, or cause hindrance in the egress and ingress of the willing workers, staff, managerial personnel and vehicles material or goods of the petitioner, within a radius of 500 meters at its working place at No.496/2, Mannur Village, Valarpuram Post, Sriperumbudur Taluk, http://www.judis.nic.in 6 Kancheepuram District. The respondents police shall ensure that the entire process goes on in a smooth manner, without giving raise to any law and order problem.
6. The Writ Petition is disposed of with the above direction.
27.04.2019
Index : Yes/No
Internet: Yes/No
msm
To
1. The Inspector of Police,
C-1, Sriperumbudur Police Station,
Sriperumbudur, Kancheepuram District.
2. General Workers Union (Affiliated to CITU) Regn.No.504/CPT, Office:No.77, 2nd Floor, AJ Complex, Bangalore Highway, near Pandian Hospital, Sriperumbudur-602 105.
3. The Public Prosecutor, High Court of Madras.
G.K.ILANTHIRAIYAN, J.
http://www.judis.nic.in 7 msm W.P.No.3186 of 2018 and W.M.P.Nos.3898 and 3899 of 2018 27.04.2019 ..
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http://www.judis.nic.in